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L02 changes application to SCRC

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Our Reference: P01811 L02 NG




 st
1 August 2013




Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE 4560



Attention: Planning North


Dear Sir/Madam


RE:    LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL_______
APPLICATION TO CHANGE DEVELOPMENT APPROVAL TPC 2478 (MULTIPLE DWELLING 120
UNITS, 6 SHOPS AND RESTAURANT) AND TPC 2888 (INCREASED RESTAURANT SEATING
NUMBERS) TO A MULTIPLE DWELLING 120 UNITS, 5 SHOPS AND RESTAURANT (COVER
EXISTING APPROVED OUTDOOR DINING AREA) AT 7/62 HASTINGS STREET, NOOSA HEADS
DESCRIBED AS LOT 7 ON BUP103167


Martoo Consulting has been engaged by Ogilvie Bacon Partnership as the applicant for the above
                                          proposal to submit a permissible change for a
                                          development approval to enable covering of an
        Subject site                      existing approved outdoor dining area associated with
                                          premises located at the French Quarter Resort
                                          Hastings Street, Noosa Heads.

                                                   The subject site comprises shop 7 located at 62
                                                   Hastings Street, Noosa Heads (described as Lot 7 on
                                                   BUP103167) and is a ground level tenancy orientated
                                                   towards Hastings Street and located opposite the
                                                   Hastings Street/Morwong Drive/ Park Road roundabout.

                                                   Shop 7 is currently vacant and is approved for use as a
                                                   restaurant. The premises has been the subject of a
                                                                                                         th
                                                   number of applications including a recent change (20
                                                   March 2012) to enable the permanent enclosure of the
                                                   outdoor dining area located along the eastern
                                                   boundary of the tenancy and provision of an
                                                   additional shop tenancy.

                                               The approved plans for the site include an area to the
                                               front of shop 7 which is approved for outdoor dining
and coincides with the approved exclusive use area for the tenancy.

The tenancy has been vacant for a considerable time and has significant issues in attracting patrons to this
section of Hastings Street. In an attempt to create a more desirable destination, the applicant is seeking to
partially cover the approved outdoor dining areas with an open pergola structure.


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Our Reference: P01811 LO2 NG

1* August 2013

 

an
a =F.
martoo

consulting =

ABN: 62 287 949 725

++ SUNSHINE COAST OFFICE
13/6-12 BOTTLEBRUSH AVE

NOOSA HEADS
PO BOX 1684

NOOSA HEADS Q 4567

| - 07 5447 2550
F - 07 5455 3322

Chief Executive Officer [email protected]

Sunshine Coast Regional Council 4 GYMPIE OFFICE
Locked Bag 72 38 NASH STREET

SUNSHINE COAST MAIL CENTRE 4560 GYMPIE
PO BOX 391
GYMPIE Q.4570
T -07 5482 7440
F - 07 5482 4952

Attention: Planning North [email protected]
+ www.martooconsulting.com

Dear Sir/Madam

RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL TPC 2478 (MULTIPLE DWELLING 120
UNITS, 6 SHOPS AND RESTAURANT) AND TPC 2888 (INCREASED RESTAURANT SEATING
NUMBERS) TO A MULTIPLE DWELLING 120 UNITS, 5 SHOPS AND RESTAURANT (COVER
EXISTING APPROVED OUTDOOR DINING AREA) AT 7/62 HASTINGS STREET, NOOSA HEADS
DESCRIBED AS LOT 7 ON BUP103167

Martoo Consulting has been engaged by Ogilvie Bacon Partnership as the applicant for the above
proposal to submit a permissible change for a
- development approval to enable covering of an
Subject site 7 : ~ existing approved outdoor dining area associated with
; \ mS premises located at the French Quarter Resort
‘ Hastings Street, Noosa Heads.

 

The subject site comprises shop 7 located at 62
Hastings Street, Noosa Heads (described as Lot 7 on
BUP103167) and is a ground level tenancy orientated
towards Hastings Street and located opposite the
Hastings Street/Morwong Drive/ Park Road roundabout.

wu) Shop 7 is currently vacant and is approved for use as a
restaurant. The premises has been the subject of a
number of applications including a recent change (20"
} March 2012) to enable the permanent enclosure of the
outdoor dining area located along the eastern
boundary of the tenancy and provision of an
additional shop tenancy.

The approved plans for the site include an area to the
7 ; ; “478 front of shop 7 which is approved for outdoor dining
and coincides with the approved exclusive use area for the tenancy.

 

The tenancy has been vacant for a considerable time and has significant issues in attracting patrons to this
section of Hastings Street. In an attempt to create a more desirable destination, the applicant is seeking to
partially cover the approved outdoor dining areas with an open pergola structure.

© TOWN © URBAN © LAND © DEVELOPMENT
PLANNING DESIGN SURVEYING MANAGEMENT

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Page 2

Annexure A provides plans of the proposed works prepared by Frank Macchia Architect which detail:

             •   Removal of existing red canvas awnings;
             •   New pergola with aluminium louver blades;
             •   Timber supports to conceal pergola edges, gutters and downpipes;
             •   Custom designed open metal screens spaced around dining area;
             •   Replacement of existing sign with new metal cut out sign.

In support of the proposal the following is noted:

        •   The area is approved for outdoor dining;
        •   The area to be covered is part of the exclusive use area for Lot 7;
        •   The existing outdoor dining area lacks a focal point and is not an inviting area for patrons
            due to existing hard paved surfaces and lack of character;
        •   The structure seeks to provide an atmospheric destination that complements and works
            with the existing features of the French Quarter;
        •   The French Quarter contains solid masonry features as well as vertical timber detailing.
            The proposed structure matches these solid features by incorporating large horizontal
            timber beams and vertical elements in the custom made screens;
        •   The proposed outdoor dining structure will also match the dark grey colours of the timber
            balustrades on the existing building and use stained timber that matches the shop front
            facades; and
        •   The proposed structure is designed to be an extension of the existing building and not to
            look like a temporary market gazebo added on to the building.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

         (1) A permissible change, for a development approval, is a change to the approval that
        would not, because of the change—
        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed; or
        (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

            The proposed change does not result in a substantially different development as minimal
            external works are proposed. The area to be covered is currently approved for outdoor
            dining use and umbrellas and other temporary structure are able to be setup in the area.
            The proposed structure therefore seeks to provide a more aesthetic solution that enhances
            and works with the existing building on site.

            Soft muted colours are to be used including black, grey and stained timber. The
            aluminium louvers are to be powdercoated grey to match the vertical timber balustrades


[OCR of page images]
Annexure A provides plans of the proposed works prepared by Frank Macchia Architect which detail:

Removal of existing red canvas awnings;

New pergola with aluminium louver blades;

Timber supports to conceal pergola edges, gutters and downpipes;
Custom designed open metal screens spaced around dining area;
Replacement of existing sign with new metal cut out sign.

eceee

In support of the proposal the following is noted:

e The area is approved for outdoor dining;

e The area to be covered is part of the exclusive use area for Lot 7;

e The existing outdoor dining area lacks a focal point and is not an inviting area for patrons
due to existing hard paved surfaces and lack of character;

e The structure seeks to provide an atmospheric destination that complements and works
with the existing features of the French Quarter;

¢ The French Quarter contains solid masonry features as well as vertical timber detailing.
The proposed structure matches these solid features by incorporating large horizontal
timber beams and vertical elements in the custom made screens;

e The proposed outdoor dining structure will also match the dark grey colours of the timber
balustrades on the existing building and use stained timber that matches the shop front
facades; and

e The proposed structure is designed to be an extension of the existing building and not to
look like a temporary market gazebo added on to the building.

Sustainable Planning Act

Section 367 of the Sustainable Planning Act defines a permissible change for a development approval

as:

(1) A permissible change, for a development approval, is a change to the approval that
would not, because of the change—
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed; or
(d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

(a) result in a substantially different development;

The proposed change does not result in a substantially different development as minimal
external works are proposed. The area to be covered is currently approved for outdoor
dining use and umbrellas and other temporary structure are able to be setup in the area.
The proposed structure therefore seeks to provide a more aesthetic solution that enhances
and works with the existing building on site.

Soft muted colours are to be used including black, grey and stained timber. The
aluminium louvers are to be powdercoated grey to match the vertical timber balustrades

Page 3

           above and minimise potential for glare. It is noted that the existing red awning creates
           glare to the units above and has been requested to be changed.

           The proposed structure will also reduce the potential noise impacts from the area by
           breaking up the hard surfaces that extend over the area.

        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or

            No concurrence agencies would be triggered by the proposal and the level of
            assessment has not altered.

        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;

           As indicated above, the area to be covered is currently approved for outdoor dining use
           and umbrellas and other temporary structures are able to be setup in the area. The
           proposed structure therefore seeks to provide a more aesthetic solution that enhances and
           works with the existing building on site rather than comprising temporary white canvas
           umbrellas.

           The use of the area is consistent with intent of the Hastings Street Precinct and the new
           structure is well setback to the street front and adjoining units. It is also noted that the
           Body Corporate supports the proposal.

           Soft muted colours are to be used including black, grey and stained timber. The
           aluminium louvers are to be powdercoated grey to match the vertical timber balustrades
           above and minimise potential for glare. It is noted that the existing red awning creates
           glare to the units above and the new structure will reduce potential impacts to the holiday
           units above.

           The proposed structure will also reduce the potential noise impacts from the area by
           breaking up the hard surfaces that extend over the area.

        (d) cause development to which the approval relates to include any prohibited development.

            Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.


Noosa Plan

The site is included in the Noosa Heads Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is
considered to generally fulfill the provisions of the planning scheme.

The proposal does not physically increase site cover, gross floor area or affect landscaped open
space requirements as it is not fully roofed and comprises a pergola structure.

No carparking is applicable to the changes application as the area is already approved for use as an
outdoor dining area.


[OCR of page images]
above and minimise potential for glare. It is noted that the existing red awning creates
glare to the units above and has been requested to be changed.

The proposed structure will also reduce the potential noise impacts from the area by
breaking up the hard surfaces that extend over the area.

(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or

No concurrence agencies would be triggered by the proposal and the level of
assessment has not altered.

(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;

As indicated above, the area to be covered is currently approved for outdoor dining use
and umbrellas and other temporary structures are able to be setup in the area. The
proposed structure therefore seeks to provide a more aesthetic solution that enhances and
works with the existing building on site rather than comprising temporary white canvas
umbrellas.

The use of the area is consistent with intent of the Hastings Street Precinct and the new
structure is well setback to the street front and adjoining units. It is also noted that the
Body Corporate supports the proposal.

Soft muted colours are to be used including black, grey and stained timber. The
aluminium louvers are to be powdercoated grey to match the vertical timber balustrades
above and minimise potential for glare. It is noted that the existing red awning creates
glare to the units above and the new structure will reduce potential impacts to the holiday
units above.

The proposed structure will also reduce the potential noise impacts from the area by
breaking up the hard surfaces that extend over the area.

(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.

Noosa Plan

The site is included in the Noosa Heads Locality which provides a Visitor Mixed Use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is
considered to generally fulfill the provisions of the planning scheme.

The proposal does not physically increase site cover, gross floor area or affect landscaped open
space requirements as it is not fully roofed and comprises a pergola structure.

No carparking is applicable to the changes application as the area is already approved for use as an
outdoor dining area.

Page 4

CONCLUSION
The proposal to cover part of the existing approved outdoor dining area with a pergola structure seeks to
provide a more useable, atmospheric and focal point for the French Quarter precinct of Hastings Street.
The area to be covered is currently approved for outdoor dining and the proposed structure has been
carefully designed to incorporate design elements of the existing French Quarter building.

The proposed structure provides a focal point for the area and is consistent with the surrounding area. The
proposal complies with scheme requirements and provides the opportunity for a more interesting and active
street front and pedestrian area. The applicant seeks Council support for the proposal.

The attached development application includes:

                  Proposal plans prepared by Frank Macchia numbered A100, A101, A102, A202, A203,
                  A204, A402, A404 and A408;
                  A completed Sunshine Coast Council Request to Change Existing Approval and/or
                  Extension of Relevant Period form; and
                  A cheque for $2303.00 which is understood to be Council’s application fee will be
                  submitted separately.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.


Your sincerely,




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty Ltd


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CONCLUSION

The proposal to cover part of the existing approved outdoor dining area with a pergola structure seeks to
provide a more useable, atmospheric and focal point for the French Quarter precinct of Hastings Street.
The area to be covered is currently approved for outdoor dining and the proposed structure has been
carefully designed to incorporate design elements of the existing French Quarter building.

The proposed structure provides a focal point for the area and is consistent with the surrounding area. The
proposal complies with scheme requirements and provides the opportunity for a more interesting and active
street front and pedestrian area. The applicant seeks Council support for the proposal.

The attached development application includes:

¢ Proposal plans prepared by Frank Macchia numbered A100, A101, A102, A202, A203,
A204, A402, A404 and A408;

¢ A completed Sunshine Coast Council Request to Change Existing Approval and/or
Extension of Relevant Period form; and

¢ A cheque for $2303.00 which is understood to be Council’s application fee will be
submitted separately.

The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.

Your sincerely,

Nadine Gorton

Senior Town Planner
Martoo Consulting Pty Ltd

Page 5

                                                                          Attachments
  ___________________________________________________________________________________

Attachment 1 – Proposal Plans


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Attachments

 

Attachment 1 — Proposal Plans

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